Client Agreement to Use Lokimo Mobile Application

The client agreement to use the touring and gaming mobile application, concluded by and between Lokimo and the client (hereinafter “the Agreement”) consists of the terms and conditions included herein (“these Terms ad Conditions”) and any appendix to be mutually approved by the parties (“Appendix”) with any amendments and changes thereof.

Apico OÜ (hereinafter “Apico”), commercial register code 14378127, postal address Tartu mnt 83-604, Tallinn, Harjumaa. 10115, e-mail info@apico.ee is the owner and the administrator of the Lokimo mobile platform (hereinafter “the Mobile Platform”).

Definitions.

Below are the terms used in this Agreement and the appropriate definitions.

Mobile Platform – includes Lokimo mobile application and web-based editing tools.

Partners – individuals and legal entities who create the Interactive Content using the Lokimo Mobile Platform tools.

Interactive Content – includes all the contents created by the Partners using the Lokimo Mobile Platform tools and distributed (both free and for fee) among the Clients through Lokimo Mobile Application. Examples of Interactive Content are tours, games, routes, points of interest, and mobility plans.

Interactive Content Details – the screen showing details of any Interactive Content (quest, tour, etc.) Can include logotypes of the Partner companies, detailed description of the Interactive Content, photos, and Interactive Content prices.

Interactive Content List – a list of the Interactive Content returned by the Mobile Application for the Client’s search request.

Service Description and Liabilities of the Parties

Lokimo Mobile Platform is mainly a set of Lokimo marketing and technological services (hereinafter “Lokimo Platform Service”) that the Partners use to create and deliver to the Clients any Interactive Entertainment Content including outdoors and indoors mobility activities.

Publishing Interactive Entertainment Content Information

• Lokimo at its own discretion displays, sorts and adds data in the Interactive Content Lists and Materials. Lokimo reserves the right to update, modify, and amend any moment and without notice the contents and appearance of the Interactive Contents Lists, Materials and/or Interaction Content Information in the Mobile Platform.
• The Interactive Content Lists may include Partner Companies’ logotype(s), Interactive Content descriptions, Interactive Content prices, returned by a Client’s search request (when searching for tours and games), as well as any other information (including the Partner’s information) that can be useful for the Client or in line with the valid laws.
• Lokimo reserves the right to use and disclose any information, materials and links added by the Partners using the Mobile Platform, including Interactive Contents Lists and the Interactive Contents Details and located wherever in the Lokimo Mobile Platform.

Liabilities of the parties

• The Partners are responsible for the validity of any Interactive Content, created by the Partner and purchased by the Client through the Mobile Platform. They also bear responsibility for compensating and reimbursing the Client for the money that the Client has paid for the purchase if the Partner is not able to provide a comprehensive working service or the right to sell or display the appropriate Interactive Content to the potential Client.
• Lokimo Platform bears no responsibility for the content of the Interactive Content. Lokimo Mobile Platform offers the service of mediation between the Client and the Partner for the purposes of the Interactive Content sale and transfer. If the content of the Interactive Content violates the current laws, then the liability is completely with the creator of the content, i.e. the Partner. The Partner shall ensure that the content is in line with the current laws before publishing the Interactive Content.
• Mobile Platform services are the only obligation of Lokimo. These include providing the Partner with Interactive Content editing service, the service of transferring the content to the Client and informing the Partner about the payment.
• Lokimo is not responsible to the Client for any injuries or material damage received during the interactive process. Accepting this Agreement, the Client undertakes to avoid any actions that could cause injury or material damage, even those indirectly mentioned by the Interactive Content. Besides, the Client undertakes to inform Lokimo if the Interactive Content contains any referral to dangerous actions or any violation of the current laws.

Confidentiality.

Confidential Information.

The Parties agree that the receiver of any confidential information of the other Party or any other information belonging to the other Party and supplied or received under this Agreement, shall use it only for the purposes it is supplied by the other Party for, shall not disclose it to third parties, and shall prevent its unauthorised use and disclosure. Meanwhile, Lokimo company may disclose any confidential information received under this Agreement to its Affiliated companies. The abovementioned conditions do not apply to (i) any information that becomes publicly available without the receiver’s fault; (ii) any information that the receiver gets from any third party (not connected with Lokimo Mobile Platform); (iii) any information independently developed or acquired by the receiver; (iv) information disclosure by preliminary written approval of the disclosing party; (v) information disclosure in accordance with the applicable laws. Notwithstanding the above, the receiver may disclose the confidential information by the court request, demand or order, though, the receiver shall do whatever it can to inform the disclosing party in advance and give it an opportunity to appeal against this request, demand or order.

Client’s Details and Communication.

Lokimo saves the Client’s details required for the interactive process and purchase via Lokimo Mobile Platform, and supplies the information to the Partner if the latter needs it to process the data of the Client.
Lokimo may contact the Client (including potential Client) subject to the Lokimo confidentiality policy and terms and conditions.

Information about Client.

Lokimo reserves the right to provide the Partners with the Clients’ information including their names and contact details (hereinafter “the Information about Client”). The Partner shall use the Information about Client only for the processing and supply purposes and shall keep it strictly confidential in accordance with the provisions of the “Confidential Information” clause above as well as any other data protection and safety rules from time to time imposed by Lokimo. Lokimo company owns the Information about Client that it collected. Nevertheless, the Partner may use the Information about Client that does not contain Private Data in its client relationship campaigns subject to receiving from the Client appropriate consent to use this Information about Client.

Copyright.

• Lokimo owns all copyright for the materials contained at the Mobile Platform. Alternatively, the copyright can been granted to Lokimo inasmuch as it is required for its use by Lokimo Mobile Platform.
• Adding any copyright-protected Interactive Content, the Partner authorises Lokimo to use the Material and the copyright of the Interactive Content within the whole period of the copyright validity. Lokimo may use the Interactive Content, added by the Partner, in any way, allow or prohibit to use, reproduce, distribute, translate, edit, adapt, improve or amend it, add the whole or part of it to another Interactive Content, save in a database or publish it.

Term and Termination of Agreement.

Term of Agreement.

The Agreement enters into force on the date of accepting this terms and conditions by the Partner or the Client and remains valid until termination. The Partner may discontinue publishing its Interactive Content through the Mobile Platform editor any time and Lokimo will arrange for cancellation of any advertisement related to it within ten (10) days after the notice of this discontinuation.

Termination of Agreement.

Termination for no reason.
Any of the Parties may terminate the Agreement without stating any reason for termination by informing the other Party in writing sixty (60) days in advance.

Termination for a reason. In case any of the Parties violates this Agreement or does not fulfil the obligations under it, then the non-violating Party may terminate the Agreement by informing the default Party in writing thereof and:
(i) referring to the violation or non-performance, and
(ii) expressing the intention to terminate the Agreement. The Agreement is deemed to be terminated thirty (30) days after the receipt of the written notice.